Selected Cases on the Law of Property in LandWilliam Albert Finch Baker, Voorhis, 1904 - 1355 pages |
From inside the book
Results 1-5 of 100
Page 33
... Lord Ellenborough , speaking of a parol contract for the sale of a crop of growing grass , says , " I think that the agree- ment stated , conferring as it professes to do an exclusive right to the vesture of the land during a limited ...
... Lord Ellenborough , speaking of a parol contract for the sale of a crop of growing grass , says , " I think that the agree- ment stated , conferring as it professes to do an exclusive right to the vesture of the land during a limited ...
Page 34
... Lord Mansfield said there wants nothing to answer the objection but to state the case , which he summed up thus : " The plaintiff's right is in a several piece of ground , butted and bounded ; a separate right of property to take the ...
... Lord Mansfield said there wants nothing to answer the objection but to state the case , which he summed up thus : " The plaintiff's right is in a several piece of ground , butted and bounded ; a separate right of property to take the ...
Page 63
... Lord Hardwicke held that the bill was improper , and would not lie merely for satisfaction for timber cut down , and that an action of trover was the remedy . Where the bill was for injunction to prevent waste and for waste already ...
... Lord Hardwicke held that the bill was improper , and would not lie merely for satisfaction for timber cut down , and that an action of trover was the remedy . Where the bill was for injunction to prevent waste and for waste already ...
Page 64
... Lord Chancellor said : " Let the defendant carry off the brick he has dug , but be enjoined from further digging . " In Packington's Case , 3 Atk . 213 , the bill stated , that the defendant had cut down a great number of trees , and ...
... Lord Chancellor said : " Let the defendant carry off the brick he has dug , but be enjoined from further digging . " In Packington's Case , 3 Atk . 213 , the bill stated , that the defendant had cut down a great number of trees , and ...
Page 73
... Lord Rosslyn , that property was to be taken as it happened to be at the death of the party from whom the representative claims , had been much doubted by Lord Eldon , who held that without some act , it must be considered as being in ...
... Lord Rosslyn , that property was to be taken as it happened to be at the death of the party from whom the representative claims , had been much doubted by Lord Eldon , who held that without some act , it must be considered as being in ...
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Common terms and phrases
action affirmed agreement annexed appears assigns authority belong building character chattels cited claim common law considered contract conveyance conveyed corporation court court of equity covenant creditors damages decision deed defendant defendant's devise doctrine easement emblements entitled equity erected evidence execution executor facts farm fee simple fixtures foreclosure freehold grant grantor ground growing crops heirs held injunction injury intention interest judgment jury land landlord lease leasehold estates lessee levy lien Lord machinery ment mill mortgage mortgagor nature opinion owner ownership parcel parol parties pass personal estate personal property personalty plaintiff in error possession premises principle proprietor purchaser purpose question quia emptores real estate realty reason recover regarded remainderman remove rent replevin reservation riparian rule sell soil sold statute of frauds stay waste stream supra tenants in common term thereof thing timber tion tract trees trespass trover vendee vendor
Popular passages
Page 853 - * * * it is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 422 - Cartwright and her assigns for and during the term of her natural life, and from and immediately after her decease to...
Page 36 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 760 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 279 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 452 - ... all the lands whereof her husband was seized, of all estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.
Page 313 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Page 271 - Application to the use or purpose to which that part of the realty with which it is connected is appropriated. 3. The intention of the party making the annexation to make a permanent accession to the freehold.
Page 325 - The rule to be collected from the several cases decided on this subject seems to be this, that the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 371 - In common with animals, and unlike other minerals, they have the power and the tendency to escape without the volition of the owner. Their 'fugitive and wandering existence within the limits of a particular tract is uncertain,' as said by Chief Justice Agnew in Brown v.